Ohio Cashflow, LLC ("OCF") and List'N Sell Realty, LLC ("LNS", and together with OCF, the "Sponsors") 2017 Holiday Home Giveaway (the "Contest")
The following promotion is intended for viewing in the United States and D.C. only (including territories, possessions, and commonwealths) and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the U.S. or D.C., 21 years or older, and accessing this site in the United States, its territories, possessions, or commonwealths.
OFFICIAL RULES - NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
In the event of any dispute, a reasonable interpretation or determination by the Sponsors regarding the application of these Terms & Conditions is final and binding. This Contest is being conducted by the Sponsors.
The Prize shall be a house and the property on which the house resides (the "Prize"). The specific house that is to be the Prize is to be determined solely by the Sponsors.
The Contest is open only to legal residents of the 50 United States, including the District of Columbia, who are 21 years of age or older at the time of entry. Employees of the Sponsors (and their immediate family members and persons living in the same households), their parent companies, subsidiaries, promotion agencies engaged in the development or administration of the Contest (collectively, "Contest Parties") are not eligible to enter the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
How to Enter
The Contest begins at 12:00 a.m. Eastern Standard Time ("EST") on November 6, 2017 and ends at 11:59 p.m. EST on November 20, 2017 ("Contest Entry Period"). List'n Sell Realty's designated server is the official time keeping device for the Contest. The Contest is conducted on the www.agentscomefirst.com website and may be conducted on the LNS Facebook page (together, the "Website"; regardless of whether you access the Contest via the www.agentscomefirst.com website or the LNS Facebook page, these Official Rules apply, as do the Policies and any other terms and conditions or other documents incorporated herein by reference). In order to win, eligible contestants must submit a video to the Website stating why he/she believes they should receive the home (such eligible contestants shall be referred to herein as "Entrant" or "Contestant"). Only those videos submitted in a file type or format that the Sponsors deem acceptable will be accepted and permitted for consideration. Only one video per person will be accepted.
Voting; Selection and Announcement of a Winner
Following the Contest Entry Period, all submitted and accepted videos that the Sponsors deem, at their sole discretion, to be appropriate and qualified shall be placed on the Website for viewing. Visitors to the Website may then, from 12:00 am on November 21, 2017 through 11:59 pm on December 8, 2017 (the "Contest Voting Period") view videos and vote to determine the winner. Only one vote per person per day. Following the end of the Contest Voting Period, the Sponsors will identify the Contestant who entered the video that garnered the most votes (the "Potential Winner"). The Sponsors reserve the right to conduct a background check on any Initial Potential Winner and reserve the right in their sole discretion to disqualify any person based on such background check if the Sponsors determine in their sole discretion that awarding the Prize to such Potential Winner might reflect negatively on either of the Sponsors. Once the Sponsors conclude that an Initial Potential Winner will not reflect negatively on either of the Sponsors, the Sponsors will, within three (3) business days, contact the Potential Winner. In order for the Potential Winner to receive the Prize, such Potential Winner must, within two (2) business days of being notified of being a Potential Winner, expressly agree to and accept all the terms and conditions herein (including possibly signing an agreement in which the Potential Winner agrees to all of the terms and conditions herein). Once the Potential Winner expressly agrees to and accepts all such terms and conditions herein, he/she will become the "Winner" and wins the Prize. If the Sponsors determine that awarding the Prize to such Potential Winner might reflect negatively on either of the Sponsors, or if a Potential Winner fails to expressly agree to and accept all the terms and conditions herein within the two (2) business day period, he/she will lose the opportunity to become the Winner, and the Sponsors will proceed to the Contestant who entered the video that garnered the next-most votes as a Potential Winner.
By entering into the Contest, each Entrant consents to the use by the Sponsors and related entities and their designees (collectively, "Publicity Parties") of Entrant's name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Publicity Parties' content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law. In addition, participants in any of Publicity Parties' on-air presentations will be required to sign any agreements and releases designed by Publicity Parties with respect to their services and performances. The rights include on-location or studio-based on-air camera appearances, footage created when the Potential Winner is contacted, and any photographs, videos, or other materials provided by Winner or Potential Winner to Publicity Parties.
"Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials Participants may view on, access through, or contribute to the Contest. Entrant shall be solely responsible for all Content that Entrant submits ("Entrant Content") and the consequences of submitting and publishing Entrant Content for the Contest. Entrant affirms, represents, and warrants that Entrant owns or have the necessary licenses, rights, consents, and permissions to publish Content that Entrant submits; and Entrant licenses to the Sponsors all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website pursuant to these Official Rules.
For clarity, Entrant retains all of ownership rights in Entrant Content. However, by submitting Content for the Contest, Entrant hereby grants the Sponsors a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Entrant Content in connection with the Contest and the Sponsors' (and its successors' and affiliates') businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. Entrant also hereby grants each visitor to the Website a non-exclusive license to access Entrant Content through the Website, and to use, reproduce, distribute, display and perform such Entrant Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by Entrant in Entrant Content that Entrant submits to the Website terminate within a commercially reasonable time after Entrant removes or deletes Entrant Content from the Website (which can be done at Entrant's request, but may cause Entrant to be disqualified from the Contest). Entrant understands and agrees, however, that the Sponsors may retain, but not display, distribute, or perform, server copies of Entrant Content that have been removed or deleted.
Entrant further agrees that Entrant Content that Entrant submits for the Contest will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless Entrant has permission from the rightful owner of the material or Entrant is otherwise legally entitled to post the material and to grant the Sponsors all of the license rights granted herein. The Sponsors may request, and require, evidence of such permission and/or entitlement.
Taxes, Costs, Fees and Expenses
Contestant expressly and solely assumes all costs, expenses, fees, and taxes, including, but not limited to, local, state and federal taxes (including, but not limited to, income taxes based on the value of the house), and other tax consequences which may result due to the transfer of the Prize, including property, to Contestant. Winner should consult a tax professional.
Condition of Property
Contestant shall accept the Prize, and all property, in its "as is" condition without any representation or warranty made by or on behalf of the Sponsors or their directors, officers, members, agents, employees, attorneys, advisors, insurers, successors, assigns, partners, predecessors-in-interst, joint ventureres and/or any/all other persons acting by, through, under or in concert with them. The Sponsors do not provide any guarantee or warranty, expressed or implied, in connection with the Prize or any property, and accepts no liability or responsibility regarding the condition of the Prize or any property. The Sponsors do not warrant that the Prize or any property is of merchantable quality or that it can be used for any particular purpose. No express warranties are given and no affirmation of the Sponsors, by words and/or actions, will constitute a warranty.
Restrictions Related to the Prize and/or Property
Contestant agrees to accept any restrictive covenants against the Prize and/or property, including and specifically any restriction from transferring, or renting out in any manner, said property for the period of one year from the date of acceptance. Contestant also agrees to take ownership of the Prize and any property subject to any and all applicable federal, state, and local land use restrictions, and to any covenants, rules, or other restrictions administered by a homeowners' or condominium association, or other community.
IN CONSIDERATION OF CONTESTANT RECEIVING THE PRIZE, AND ANY PROPERTY, CONTESTANT FULLY AND IRREVOCABLY RELEASES, ACQUITS AND FOREVER DISCHARGES THE RELEASED PARTIES (AS DEFINED HEREIN) FROM ALL PAST, PRESENT, OR FUTURE CHARGES, COMPLAINTS, CLAIMS, DEMANDS, GRIEVANCES, DAMAGES, LIABILITIES, OBLIGATIONS, PROMISES, AGREEMENTS, CONTROVERSIES, ACTIONS, SUITS, RIGHTS, COSTS, LOSSES, DEBTS, PENALTIES, FEES, EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS ACTUALLY INCURRED), CAUSES OF ACTION, AND PUNITIVE DAMAGES, OF WHATSOEVER NATURE AND KIND, WHETHER IN LAW OR AT EQUITY, WHETHER KNOWN OR UNKNOWN, WHETHER FIXED OR CONTINGENT, AND WHETHER ACCRUED OR TO ACCRUE IN THE FUTURE, THAT CONTESTANT EVER HAD, NOW HAS, OR MAY HEREAFTER HAVE OR ACQUIRE OR CLAIM TO HAVE OR ACQUIRE AT ANY TIME IN THE FUTURE FOR ANY REASON WHATSOEVER RELATED TO THE PROPERTY AND/OR THE CONTEST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING RELEASE, SUCH RELEASE INCLUDES, BUT IS NOT LIMITED TO, ANY OF THE FOREGOING ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROPERTY AND/OR CONTEST, INCLUDING BUT NOT LIMITED TO CONTESTANT'S ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PROPERTY.
The Sponsors and, each of their respective affiliates, subsidiaries, parent corporations, advertising and promotion agencies, all local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, and including the Sponsors, the "Released Parties") assume no responsibility for any financial loss, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity that Winner may experience by reason of (1) performance or nonperformance by any supplier; (2) wrongful, careless, negligent, or unauthorized acts or omissions by any supplier or its employees, or by any other party not under the control of the Released Parties; (3) any defect, breakdown, or other failure of any aircraft, train, automobile, ship, accommodation, or other equipment or instrumentality owned, operated, or otherwise used by a supplier; (4) acts of God and acts or omissions of third parties; (5) mechanical or construction failures; (6) or any other event or condition beyond the control of the Released Parties. Each winner hereby releases and holds the Released Parties harmless with respect to any claim based on any such occurrence. By entering, all participants and/or entrants agree to release the Released Parties from and against all claims and damages arising in connection with each entrant's participation and/or entry in the Contest and/or his/her receipt or use of any element of the Prize awarded in this Contest including any injury or harm resulting from or any travel or activity related thereto.
General Terms and Conditions
The Released Parties are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, mutilated, inaccurate, illegible, or any combination thereof. Entries are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt. All entries become the property of the Sponsors and will not be returned.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If by reason of error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
THE SPONSORS RESERVE THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE CONTEST, OR ANY PART OF IT, IF ANY FRAUD, TECHNICAL FAILURES OR ANY OTHER FACTOR BEYOND THE SPONSORS' REASONABLE CONTROL IMPAIRS THE INTEGRITY OR PROPER FUNCTIONING OF THE CONTEST, AS DETERMINED BY THE SPONSORS IN THEIR ABSOLUTE AND SOLE DISCRETION. IN SUCH EVENT, THE SPONSORS RESERVE THE RIGHT TO: 1) TO ELECT NOT TO PROCEED WITH THE CONTEST FOR ANY REASON WHATSOEVER OR FOR NO REASON; OR 2) AWARD THE HOME AT RANDOM FROM AMONG THE ELIGIBLE ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT. THE SPONSORS RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST, OR TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OF THIS OR ANY OTHER PROMOTION OR IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. HOMEGIVEAWAY'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Released Parties in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Ohio. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Ohio, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Ohio. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Beginning on or about November 20, 2017, you may obtain the name of the Winner by going to the Website or mailing a self-addressed stamped envelope to: 2017 Holiday Home GiveAway, 2428 W. Sylvania, Toledo, OH 43613. Requests received after March 1, 2018 will not be honored.